DJC & SJS & Child Representative

The Full Court of the Family Court of Australia, comprising Kay, Warnick, and Boland JJ, considered an appeal concerning parenting orders made in the Federal Circuit Court. The dispute involved the parents, identified as DJC and SJS, and the child representative, regarding the future living arrangements and time spent with the child. The primary judge had made orders that were the subject of the appeal.

The central legal issues before the Full Court were whether the primary judge erred in their assessment of the evidence and in the application of the relevant principles under the *Family Law Act 1975* (Cth), particularly concerning the best interests of the child. The appeal specifically questioned the weight given to certain evidence and whether the ultimate orders made were demonstrably against the weight of the evidence or otherwise unjust.

The Full Court analysed the primary judge's findings of fact and the reasoning process that led to the parenting orders. They applied the principles established in cases concerning the paramountcy of the child's welfare and the factors to be considered under section 60CC of the *Family Law Act*. The Court reviewed the evidence presented at trial, including expert reports and oral testimony, to determine if the primary judge had adequately considered all relevant aspects and if the conclusions reached were logically supported. The Court found that the primary judge had not erred in their application of the law or in their assessment of the evidence, and that the orders made were within the scope of the primary judge's discretion.

Consequently, the Full Court dismissed the appeal and affirmed the parenting orders made by the Federal Circuit Court.